HomeMy WebLinkAboutRecorded Decision - Forgetta - - 1210 Osgood Street z
• Town of North Andover
Office of the Planning a art e t � JAB 24 AN
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Community Development and Services Division
r 120 Main Street NORTH
North Andover',Massachusetts 01845 k ►.'
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NOTICE OF DECISION
SITE PLAID REVIEW&REDUCTION IN PARKING SPECS PERMITS MODIFICATION
Date: January 23,2018
Public Hearings: January 16,2018,January
23,2018
Date of Decision: January 23,2018
Petition of; Forgetta Development,LLC
34 Park Street, Suite one This Is to
Andover,MA Q 18 10 �that sty(20)days
horn elm km state of dsc4slon file!
vAftt4 Ong of an appeal
Premises Affected: 1210 Osgood Street date
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North Andover,MA 1845 Joyce A.WadshawTOYM Cl k
Assessor's Map 34,Lot 49
Referring to the above petition for a Site Phan.Review and Reduction in Parking Special Permit Modification
from the requirements of the North Andover Zoning Bylaw, Section 8.1, 831 8.3.87 10.31 10.31 and MGL c.
40A,See 9.Said petition seeking to modify a previous Site Plan Review&Reduction in Parking Special Permit
issued by the Planning Board on December 6,2016 to account for a lowering of the site grades and revisions
to the stormwater managem' ent system all as shown on a set of Revised Site Plans referenced herein.
So as to allow for the Modification to the Site plan Review&Parking Reduction Special Permits to lower
the,grade of the entire site 2'—4' to achieve the same flat grade for the buildings,parking areas and access
dn"ves while maintaining a compliant grade for the pedestrian corridors all as shown on the Revised Site
Plans described herein. In additiori, the modification includes revisions to the locations, number and .
equipment used for the stonnwater management system for the construction of approx.urn.ately 43,000
square feet of commercial and retail space contained within four (4) separate buildings, parking spaces,
stormwater management facilities, landscaping, signage and other improvements to be located on an
approximately 4.5Macre portion of currently vacant 13.9 +/- acre parcel. This project is within the D-2
Zoning District.
After a public hearing given on the above dates, and upon a motion by Eitan Goldberg and 2nd by Peter
Boynton to APPROVE the Modification to the Site Plans Review and Reduction in Parldug Special
Permits,and based upon and subject to the following conditions,Vote was 5—0 in favor of the application.*
Please return to:Terence J, Nolan
Fidelity National Title Ins. Co.
.3 3 Federal Street,311 door • • Can Dehal of Forth Andover Planning Board
Boston, MA 02110 John.Simons,Chapman
.. Peter Boynton
Eitau Goldberg
A'1'UM Jennifer Luz
A"I"ruo ropy Aaron Preston
fel�.4 P UL
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" Tow#Clerk
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Bk 15506 Pg 43 #13254
` `1210 Osgood Street,Map 34 Lot 49
Modxficatxon to the Site Plan Review&Reduction in Parking Special Permit
The Planning Board herein APPROVES the Modification to the Site Plan Review&Parking Reduction
Special Permits to lower the grade of the entire site 2'—4'to achieve the sane flat grade for the buildtgs,
parking areas and access drives and compliant grade for the pedestrian corridors all as shown on the Revised
Site Plans referenced berem" . In addition,the Modification includes revisions t4 the locations,number and
equipment used for the sCorrnwater management system for the construction of approxmmately 43,000 square
feet of conunercial and retail space contained within four(4)separate buildings,parking spaces,stormwater
management facilities,landscaping,signage and other improvements to be located on a 4.5-acre portion of
currently vacant 13,8 acre parcel.This Project is within the B_2 Zoning District.This Special permit was
requested by Porgetta Development,LLC. This Modification to the Site Plan Review&Reduction in
Parking Special peranit modifies a similar Speoial Permit dated December 6,2016 for this commercial and
retail development.The application for the Modification of the Special Permit was fled with.the Planning
Board on December 21,2017. The public hearing on the above referenced application was opened on
January 16,2018,and closed by the North Aadover Planning Board on January 23,2018. The Applicant
submitted a complete application,which was noticed and reviewed in accordance with Section 8.I1 8 31 10.3
and 10.31 of the Town of North Andover Zoning Bylaw and MOL c.40A,See.9.
The Planning Board voted unanimously (by a vote of 5-0) to grant the Modification to the Site Plan
Review and Reduction in Parking Special Pemits. A special permit issued by the planning board, as
special permit granting authority requires a vote of at least four members of a five-member board.
The Applicant is hereby notified that should the Applicant disagree with this decision,the Applicant has the
right,under MGL Chapter 40A,Section 17,to appeal to this decision within twenty days after the date this
decision has been filed with the Town Clerk,
The Planing Board makes the following findings as required by the North Andover Zomm�g Bylaws Section
8.1, 8.318.3,8110.3 and 10.31:
FMINGS OF FACT
1) The specific Site is an appropriate location for such a use,structure or condition.As the Site is
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zoned for retail, office and restaurant use.The Site design as rood ed compliments the
surrounding uses and provides for sufficient traffic,curb cut and circulation irnprovemonts, as
well as sufficient water,sewer and other utilities.
2) The commercial and retail use as developed will not adversely affect the neighborhood character.
The Project provides appropriate building, landscapffig and screening set back from the adjacent
properties. The character of the architectural style of the proposed new building will complement
the architectural style of existing buildings located along Osgood Street,as well as to the rear of
the Site in conjunction with the proposed residential multifamily community.
3) The Project will fulfill a community need for the Route 125 corridor as it will provide additional
retail, restaurant;commercial and other facilities which are important for the redevelopment of
the corridor.From an economic standpoint,the Project will provide potential new employment
opportunities for the area, and return a currently vacant and unused Site back to productive
economic use.
4) There will be no nuisance or serious ha=d to vehicles or pedestrians.Driveways have been
located to provide for the best available sight distance along Osgood Street. Site improvements
have been designed to maximize on-site and off-site safety.
5) According to the Traffic Study submitted by Vanasse Associates,Inc.,
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Bk 15506 Pg344 #13254
-1210 Osgood Street,Map 34 Lot 49
Modification to the Site Plan Review&Reduction in Parking Special Permit
a. The project is expected to generate 3,654 new vehicle trips on an average weekday
(1,827 entering and 1,527 exiting),with approximately 264 new vehicle trips(122
entering and 142 exiting)expeoted during the weekday morning peak hour, 343 new
vehicle trips G 87 entering and 156 exiting)during the weekday evening peak hour
and 360(189 entering and 171 exiting)during the Saturday midday peak hour.
b. A total of two curb-cuts will be constructed with the development of this project: one
full-access driveway on Osgood Street across from Barker Street(South Site Drive)
and one right-in/right-out only driveway on Osgood Street(North Site Drive).
c. Based on the results of the signal warrant analysis at the intersection of Osgood
Street at Barker Street and the proposed Site give it can be concluded that the
development requires the installation of a signal at the intersection.
d. Osgood Street at Barker Street and South Site give:An exclusive left-turn lane
would be installed on Osgood Street in the northbound direction.An exclusive left-
t=lane and an exclusive right-turn lane would be W" stalled on Osgood Street in the
southbound direction.Barker Street would include two travel lanes,one of which is
an exclusive left-turn lane and the other of which is a shared thr6ughlright-turn lane.
The South Site Drive would.be two exiting lanes,one of which is a shared
througl0eft--turn Zane and the other of which is an exclusive right-turn lane.
e. In order to unprove overall operations at the intersection of Osgood Street at Great
Pond Road,the signal timings would be optimized.
(All proposed traffic improvements are pending MassDOT approval.)
6) The proposed project will provide a total of 240 spaces where 247 spaces would be required in
accordance with the Section 8.1(4)("Table of Off street parking").Adjustments to parking
requirements is appropriate given the varying peak demands of the various uses on the Site, and
in conjunction with such adjustments,the parking at the Site will not cause det invent to the
surrounding neighborhood since the proposed parking program for the Site will not increase
traffic congestion or queuing or otherwise result in unsafe conflict of motor vehicle and
pedestrian traffic, as further described in the Traffic Report.
7) In accordance with Section S.1.8(e)C'Commoa Parking Areas and Multiple Use Facilities"),the
Project will involve parking for a combination of retail,restaurant, office uses,which will
complement the residential uses on the areal property and parking for the same adjacent to the Site,
and the hours, days, or peak parking or loading demand for the commercial uses are so different
for the proposed residential uses proposed adjacent to the Site,that the proposed number of
Project spaces will provide adequately for all uses or activities served by the parking facilities,
and the location of the parking facility in relation to the uses proposed to be served by it is
appropriate.The proposed parking layout will not cause detriment to the surrounding
neighborhood through increased traffic volumes,will not result m increased congestion or
queuing since circulation will be enhanced though shared parking access points and access to the
Site,and the parking design will not result in any unsafe conflict of motor vehicle and pedestrian
traffic.
S) Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The project is adequately and appropriately serviced by municipal water,sewer and other utilities
that adequately address the needs of the Project, Stonnwater management facilities as modified
herein will provide adequate treatment of stornnwater in accordance with applicable requirements.
9) The use is in harmony with the general purpose and intent of this Zoning Bylaw.The location of
the proposed Project is ideally suited to add additional retail,restaurant,commercial and other
uses allowed within the Bw2 Zoning Distx-ict to oomplement and build upon the future
redevelopment of the Route 125 corridor in this area of North.Andover.
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Bk 15506 Pg345 #13254
1.Z10 Osgood Street,Map 34 Lot 49
Modification to the Site Plan Review&Reduction.in Parking Special Permit
10) The Revised Site Plans reflect extensive discussions with the Planning Board,Peer Review
Consultant,the Planning Department, other Town Departments,and the Applicant with respect to
Site design and stormwater management.
11) The stormwater management is designed in accordance with the Town Bylaw requirements and
41
Best Management Engineering and Practices,and the most recent version of the MA DEP
Stonmwater Handbook,and the Revised Site Plan reflects extensive discussions and review by the
Town's outside consultant engineer,Eggleston Environmental,As shown on the Revised Site
Plan,the proposed runoff from the impervious areas of the Site,will be drained through a drainage
system to subsurface storage/infiltrating detention systems. The Project's permanent stormwater
measures include: deep surnp catch basins with hood outlets(39 total),ADS—Storrntech
Underground Chambers Isolation Row(13 total),RaxnStore3 Underground Chamber and
Jnfiltration Systems(11 systems total)and Rip-Rap Aprons(4 tota.l). There were extensive
discussions between the Town's outside peer review consultant engineer and the Project Engineer
related to the overall modified storrnwater management design and long term Stomwater
Operations&Maintenance Plan.(See correspondence froin L.Eggleston,Eggleston
Environmental, dated November 29,2017,December 19,2017 and January 12,2018 and
Hancock Associates response comments through November 29,2017,December 15, 2017,
January 12,2018 and email dated January 16,2018).
12)The Plan reflects extensive discussion and review with TEC,Inc.,the Town's civil peer review
consultant and meets the requirements of the Town for Site Plan Review as stated in Section 8.3
of the Zoning Bylaw. (See memos dated July 22,2016, September 29,2016 and October 31,2016
and Hancock Associates response comments through October 31,2016),
13) The Landscape Plan reflects extensive discussions in regards to the connective spine, "Main.
Street"that connects and integrates the commercial component and with the adjacent proposed
residential component of the mixed use development.Those common corridors have been
designed and will be constructed to meets ADA accessibility requirements.
14) The project will provide for municipal water, sewer and utilities on-site to adequately address the
needs of the Project.A.sewer design and capacity analysis has been conducted by Woodard and
Curran which has made seven Project recommendations. The Applicant will pursue off-site
recommendations pertaining to Old Farm Road and the downstream sewer in the easement to
Rea's Pond, (See Woodard&Curran memo dated November 29,2016 and T.wrllett,DPW
Operations Manager,memo dated December 1, 2016).
15) The Town Engineer,Jahn Borgesi,has reviewed the Project and has confirmed that all
engineering department comments have been adequately addressed(See memos dated July 26,
2016 and September 27, 2016)*
16)The North Andover Fire Department, including Chief William.McCarthy and Lieutenant Robert
Eonenfant,as well as Jennifer Hoyt,Chief Fire Protection Engineer of the Massachusetts
Department of Fire Services,have reviewed the Plans and determined that the final design
addresses all of the concerns the Fire Department had over the additional hydrant and access to
the Project for firefighting and rescue operations. (See Lt,Eonenfant memo correspondence dated
October 4,2016).
17) The.Applicant has filed a Notice of Intent(NOI)with the Conservation Commission and received
an Order of Condition§DEP No. 242-1692 dated January 11,2017.
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Bk 15506 Pg346 #13254
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`1210 Osgood Street,leap 34 Lot 49
Modification to the Site flan Review&Reduction in parking Special Permit
1 S)The project will require a National Pollutant Discharge Elimination System 'DES)
Construction General Permit(CGP)to be filed with and obtained from.the United States
Environmental Protection Agency.
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19)The Site was reviewed pursuant to the Massachusetts Environmental Policy.Act(NEPA)during
the 2001 permitting process,
20)The Massachusetts Department of Transportations(MassDOT)Highway Division is granted
authority to issue State Highway.access Permits and Non-vehicular Access Pennits by M.G.L4
Chapter S 1, Sec.21 and 720 CM. 13.00 for any work related to State Route 125 which is a state
jurisdictional highway.
21)The project will require an Airspace review by MassDOT's.Aeronautics Division and review by
the FAA, based upon its location and elevation,
AMBEN3ED FINDINGS of `ACTS:
22)Changing the elevation of the site does not change in any respect the vast majority of the features
of the mixed-use development:
a, There are no changes to the location,number,size nd height of any buildings in the
mixed-use development.
b. There wt no changes to the locations and size of any ancillary features of the mixed--
use development including the access drive,pedestrian corridors,landscaping,and
the size and curvature of the interior roadways(foe emergency vehicles).
c. There are no changes M the utility and rnunioipal service needs.
23)The redesip of the site grades and elevations also has a number of positive impacts that benefit
the Town and Developers:
a. The redesign of the site elevations eliminates approximately 125,000 cubic yards of
fill that would have been required to be imported on to the site under prior plans.
b. The elimination of the hnpoxtang of this signiIcant amount of fill eliminates
approximately 8,5 00 truck trips into and out of the site.
c. The elimination of the importing of this fill will shorten the length of the construction
project by approximately 3 months.
dr The lowering of the site elevations decreases the visibility of the commercial
buildings from Osgood Street and its intersection with Barker Street.
e. Stormwater Management Plan: The lowering of the site does affect the location and
equipment used for the stormwater management system.The Project's permanent
stonnwater measures are as follows:
i Deep sump catch basins with hood outlets(39 total)
ii Area drains(10 total)
ili AD S--Stormtech Underground Chambers- solations Row(13 rows total)
iv Rainstore3 Underground Chambers(I I Systems total)
v Rip-Rap.aprons(4 total)
24) The plans have been reviewed by the Town Engineer,John Bargesx,who has confirmed that the
grading changes have resulted in the lowering of buildings and surrounding parking areas
between 24'. By doing this the northern most driveway slope is increased from a 5%to an 8%,
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Bk 15506 Pg347 #1 3254
1210 Osgood Streets Map 34 Lot 49
Modification to the Site Flan Review&Reduction in Parking Special.Penn it
25) The stormwater management is designed in accordance with the Town Bylaw requirements and
Best Management Engineering and Practices, and the most recent version of the MA DEP
Stormwater Handbook, and the Plan refleots extensive discussions and review by the Town's
outside consultant engineer,Eggleston Environmental, There were extensive discussions
between the Town's outside consultant en i eer related to the overall design and Long Tema.
Stonnwater Operations&Maintenance plan. (See correspondence from L.Eggleston,Eggleston
Environmental,dated November 29,2017,January 16,2018,January 12,2018,December 15,
2017 and Plancook Associates response comments dated December 18,2017 and Ja.numy 15,
2018)
26) The Board found that due to the changes in the stormwater management system that required an
Is
extensive review by their peer review consultant,Eggleston Enviroranental,that the
modifications to the Site Flan were substantial in nature and required public hearings pursuant to
North Andover zoning By-Law 83.8.
WAIVERS
27) 8.3.5(e)(xxi); Commonwealth Review: Any information required and submitted to any agency
of the Commonwealth,shall be filed with the Plat ing Board upon the initial submission of the
project for Board review. This requirement is waived as the decision conditions the submission
to the Board of the Commonwealth agency filings at the tune of the submission to the applicable
agency.
Finally the Planning Board fords that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.3.5, as well as under Sections 8.1, 8.31 10.3, and 10.31,
but requires conditions in order to be fully in complianoe. The Planning Board hereby grants an approval
to the Applicant provided the following conditions are net.
PEST DUFMTIONS
28) The `Locus" or "Site" refers to the 4.5 acre portion of the approximately 13,8 +/- acre parcel of
land with land fronting on Osgood Street as shown on a portion of Assessors NIap 34, Parcels 49,
and also known(a/k/a)as 1210 Osgood Street and 0 Osgood Street,Forth Andover,Massachusetts,
and is more specifically depicted as Lot I on the Flans.
29)The "Revised Site Plans" refer to the plans prepared by Hancock Associates, Inc. dated July 14,
2016 and.revised August 3,2016, September 17,2016, October 20,2016 and November 21,2016
consisting of Sheets 1 w 34} titled "Permit Site Plans, North Andover Massachusetts, Proposed
Mixed Use Development for Princeton Development LLC, aad Forgetta Development LLO ")
amended and modified to,January 15,2018 consisting of Sheets 1—30 as detailed on the attached
Exhibit A.
30} The "Praject"refers to the Modification t4 the Site flan Special Permit to lower the grade of the
entire site 2' 4' to achieve the same flat grade for the buildings and compliant grade for the
pedestrian corridors. In addition,the Modification iaacludes revisions to the locations,number and
equipment used for the stormwater management system for the construction of approximately
43,000 square feet of commercial space contained within four (4) separate buildings, parking
spaces,stonnwater management facilities, landscaping, signage and other improvements depicted
on the Plans to be located on.a 4.5-acre portion of currently vacant 13,8+/-acre parcel.This project
is within the E-2 Zoning District.
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Bk 15506 Pg348 . #18254
•1210 Osgood Street,Map 34 Lot 49
Modification to the Site Plan Review&Reduction M parking Special permit
31)The "Applicant" refers to Forgetta Development, LLC, 34 Park Street, Suite One, Andover, MA
0181 0,the Applicant for the Special Permit,its successors and assigns.
32) The"Project Owner"refers to the person or entry holding the fee interest to the title to the Locus
from time to time,which can include but zs not/united to the Applicant,developer,and owner.
SPECIAL CONDITIONS
33)All special permits granted wader section,2,30,1.,4,127.15: 7,4t6, 8.1., 8.3, 10.3 and 10.31 for this
Site and 12 10 Osgood Street alkl a a Osgood Street,Map 34 Lot 49 shall also be considered as
part of this Decision and the Revised Site Plans incorporated herein.These include:
a. Site Plan review,Multi-Family Housing&Reduction in Parking Special
Permits-for Princeton Development LLC,dated December 6,2016
b. Height Waiver Special Permit for Princeton Development LLC,dated
December 6,2016
c, Common Driveway Special Permit for Princeton Development LLC,
dated December 6,2016
d. Common Driveway Special Permit,for Forgetta Development LLC,
dated December 6,2016
e, Site Plan Review and Reduction in Farling Special Permits, for Forgetta
Development LLC, dated.December 6,2016
34)As required,the Applicant shall file with the Massachusetts Department of Trans omtion's
P P
(MassDOT's)Aeronautics Division a Request for Airspace Review. A copy of the filing and
response shall be submitted to the Planning Department.
3 5) Any infornnation required and submitted to any agency of the Commonwealth, shall be filed.with
. the Planning Department,
36) The Applicant must meet all Massachusetts Department of Transportation(MassDOT)
regulations concerning traffic signalization and roadway improvements to Route 125,
37) The Applicant must supply a copy of the approved MassDOT necessary permits er for access and
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construction of the Site to the Planning Department.In the event the MassDOT requires a
material change(as deemed by the planning Director)in the access/egress or other details
depicted on the Plans and/or Osgood Street Conceptual Improvement Plan dated July 25,2016
(including by not limited to the details listed in Finding$of Fact 45 to this decision),the
Applicant shall submit revised plans to be reviewed by the Board in accordance with the process
described in Section 8.3.8(Revisions to.Approved Site Plan).
38)The sidewalk proposed in front of the project Site(Osgood Street riht-of-way) as part of the
improvements for Route 125,shall be maintained in perpetuity by the Project Owner. The
Applicants and/or Project Owner shall provide executed instruments establishing to the
satisfaction of the SPCA maintenance responsibilities and agreements, in.cludffig snow removal,
unless MassDOT assumes such maintenance responsibility.
3 9)Transportation Demand Management: The following measures shall be implemented as part of
the project to encourage use of alternative modes of transportation:
a) Information regarding public transportation services,maps, schedules
and fare information shall be posted in a central location
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Pik 15506 Pg349 #13254
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-1210 Osgood Street,Map 34 Lot 49
Modification to the Site Plan Review&Reduction in Parking Special Permit
b) An informational packet shall be provided to new residents of the
project,promoting alternative modes of transportation.
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c) Secure bicycle parking shall be provided, 'Including both an exterior
bicycle rack and weather protected bicycle parking in a secure area.
d) Car-share spaces shall be considered on-site.
40)All utilities shall be installed underground and if final locations of appurtenant equipment to these
utilities(e.g.transformer pads)materially impact the design the Applicant and/or Project Owner
shall provide such details of such modification to the Board for review.
41)All plans must meet Americans with Disabilities Act(ADA)and A.rchitectuxal.Access Board
(AAB)requirements.
42)Deeply rooted trees and shrubs shall not be planted over subsurface infiltration systems and
landscape areas designated as snow storage locations shall be planted accordingly.
43) Snow shall be plowed to areas designated on the Plan only.Snow plowing may occur during
business operating hours and at least two (2)hours prior to the opening of the commercial
facilities and four Hours after the closing,Wben snow on Site impairs vehicle movement and
parking,snow shall be removed from.the Site and disposed of in accordance with applicable
local, state and federal requirements.Deicing chemicals shall be applied in accordauce with
standard practices in a responsible manner and only as required. Use of sodium based de-icing
chemicals is prohibited within 100 feet of wetlands on Site. Signage in these areas shall be
clearly posted.
44) The Applicant and/or Project Owners shall submit quarterly stormwater structure.maintenance
reports(BNP Checklist)to the Planning Department unless otherwise required in a wetlands
Order of Conditions to be issued for the Project.
45) The Applicant or tenamts shall not place banners or other like signs one any structure or erect
structures to hold such advertism g devices unless otherwise approved by a Town.Board,
46) The Applicant shall cor ne before the Pl=ing Board once a signage Conceptual Plan design has
been established for review and approval by the Board.
47) Any revisions to the approved Plans shall be submitted to the Town Planner for review,if these
revisions are deemed substantial,the developer must submit revised plans to the Planning Board
for approval,all of which is in accordance with Section.8.3.8(revisions to Approved Site Plan).
PRIOR TO'M ElDoRSEMINT OF THE FLANS
48)Unless otherwise approved by the Planning Board,the Applicant shall, upon the later to occur of
(a)thirty(30)dais after the expiration date of the twenty(20)day Appeal Period of this Decision,
or(b)within thirty(30)days of the expiration date of the ten (10)day Appeal Period for a final
wetlands Order of Conditions,submit to the Planing Board for its approval a Form A application
for approval of an Approval Not required along with an ANR Plan which proposes to subdivide
Map 34 Lot 49 into two confonning lots, as depicted on the plan.No construction activities
authorized by this Decision shall be commenced until the Applicant has recorded an approved
AIR.Plan for said lots.
The Applicant shall submit with the AIR Plan an updated Zoning Table for each AID..
Lot.The Zoning Table shall meet the criteria listed in Section 8.3.5 (e)(A).
d 1Bk, 15506 Pg350 #13254
1210 Osgood Street,Map 34 Lot 49
Modification to the Site Plan Review&Reduction in Parking Special Permit
49),Applicant shall submit draft documentation concerning a declaration of cross-easements,
restrictions and covenants,or equivalent,between the Project Owner of Lot 2 and Project Owner
of Lot 1 which shall identify obligations for construction,maintenance,management and other
requirements for access/egress driveways,the sewer pump,stornnwater management system.,
sldeu►alks including the sidewalk along Osgood Street,parking spaces, common area
maintenance areas,utilities,and landscaping to the Planning Department,DPW, and Town
Counsel for review and approval. ,
5 a)The Appplicaat shall incorporate heavy duty pavement for up to 25 feet of the Site entrances,
extending From the State Highway layout into the Site.
51)The Applicant shall reflect on the Plans a triple gate arrangement(two 12"inch gates and on 8-
inch gate)be installed at the northern water line connection in Route 125(DPW correspondence
memo 9127/16 con=ent#6).
52) The Applicant shall reflect on the Plans existing utilities(including overhead wires and
underground utilities in Route 125 on the Utility Plan sheets(sheets 11 and 12). (DPW
correspondence memo 9/27/16 comment#8.)
53) The forth Andover fire hydrant standard is incorrectly detailed as Darling. The Forth,Andover
standard hydrant is an Eddy hydrant that shall be identified as left turn open.The.Applicant shall
contact the DPW for hydrant specifications and the hydrant detail shall be updated.
54) The Applicant shall reflect on the plans the correct elevation for the invert given on the Flan(Sh.
15)for the roof drain out of Building 3 and revise the outlet structure details on Sheets 19(1\4C-
3 500 Cutlet)and 20 (MC-4 5 oo/SC-310)to show the 15-in manifold as an inlet to the OCS,not an
outlet, and located on the other side of the weir(per L.Eggleston email dated December 1,2016
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55) The song Teen Stormwater Operations Flan&Maintenance Plan(O&M Plan)shall be updated
to include the following:
aF The O&M Plan shall be updated to specify that all subsurface storagelinfiltaration systems
shall be inspected at least once a year following a storm of one inch or more to ensure
that they are fully drained witbin 72 hours.
b. The O&M Flan shall be expanded to include pavement sweeping and landscape
maintenance.
c, The O&M Flan sball be updated to include an O&M task checklist and a simple fide
shoving the locations of all storrnwater BMPs to be maintained as well as snow storage
locations. O&M Plan revised to January 15,2018 complies.
d. The maintenance associated with the BayF liter units shall be conducted by a BayFilter
Technologies certified maintenance contractor,inspections shall be conducted at least 2
tunes a year(as is called for in the O&M Plan),and at least once a year the units shall be
inspected within 48 hours of a rain event of one inch or more. This Modification Special
Permit deems this previous condition of the December 6,2016 Special Permit obsolete.
e. The BayPilter vaults shall be cleaned a minimurn of once per year using a vacuum truck
(same cycle as the deep sunup catch basins),and the cartridges shall be replaced once
every three years or whenever the system upgradient of the filter is not draining down
completely within 24 to 48 hours followffig a storm event,whichever is sooner. This
Modification Special Permit deems this previous condition of the December 6, 2016
Special Permit obsolete.
56) Sewer Design and Capacity Analysis
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Bk 15506 Pg'351 #13254
1210 Osgood Street,Neap 34 Lot 49
Modification to the Site Plan Review&Reduction in Parking Special Permit
a. The Applicant shall reflect on the Plans an allowance for infiltration for sewers in
accordance with New England Interstate water Pollution Control Commission Technical
Report 16(TR 16)Section 2.2.3.3.
b. The Applicant shall reflect on the Plans proposed construction of all on-site gravity sewer
with a minimum pipe size of S " ches in diameter and slope between manholes to convey
wastewater at a mm" imum velocity of 2 feet per second.
c.. The Applicant shall reflect on the Plans the gravity sewer connection from the proposed
development to the existing manhole on Osgood Street to prevent wastewater from the
Site from turning greater than 90 degrees to av6id potential for settled solid material and
additional maintenance.
d. The Applicant shall reflect on the Plans installation of a grinder pump with the proposed
3-inch diameter forceamain 'in accordance with Tk-16 to avoid potential for clogging in
the forcemain.
PRIOR To ISSUANCE OF SITE WORK,BUILDING PERMIT,OR CONSTRUCTION
57) Two (2) copies of the signed, recorded decision and the recorded plans must be delivered to the
Plan=' g Department.
58)In consultation with the Director of Planning, the Applicant shall designate an Independent
Construction Monitor.The monitor shall read,sign,and return to the Planning Director the Letter
of Agreement for Independent Monitors, The Construction Monitor must be available upon four
(4)hours' notice to inspect the site with the Planning Board designated official.The monitor shall
make weekly inspections of the pro'cot, provide monthly reports to the Planning Department
throughout the duration of the Project, and detail any areas of non-compliance and corrective
actions. Additionally, the monitor shall assist Town Staff in overseeing the implementation and
updating of the SwPPP throughout the development process.
54)In consultation with the Director of Planning, the Applicant shall designate an Independent
E nviroom►ental Monitor. The zuonitor shall read, sign, and return to the Planning Director the
Letter of Agreement for Independent Monitors.The Environmental Monitor must be available upon
four(4)hours' notice to inspect the site with the Planning Board designated official. The monitor
shall make weekly inspections of the project,provide monthly reports to the Planning Department
throughout the duration of the Project, and detail any areas of non-compliance and corrective
actions. The inonitor will also provide reports following heavy rain events.
60)A, construction schedule shall be submitted to the Planning Staff for the purpose of tracking the
construction and informing the public of anticipated activities on and off the Site, including work
to Route 12-5. Constmction of the project will require sequencing and will require erosion and
sediment controls inspections by the Planning Department periodically.Additional and alternative
measures may be required depending on actual field conditions,
61)A bond in the amount of forty thousand dollars ($40,000,00)a shall be posted for the purpose
of
insuring that the Site is constructed inn► accordance with the approved plan and that a final as-built
plan is provided, showing the location of all on-site structures (site Utilities, structures, curb cuts,
parking spaces and drainage facilities, including mvert elevations of all stormwater structures),
This bond shall be in a foram acceptable by state statute.
62) The Applicant and/or Project Owner shah submit documentation concerning a declaration of
cross-easements, restrictions and covenants,or equivalent,between the Project Owner of Lot I
and owner of Lot Z which shall identify obl'gations for construction, maintenance,managemcnt
and other requirements for access/egress driveways,the sewer pump station, stormwater
10
' Bk 15506 Pg352 #13254
1210 Osgood Street,Map 34 Lot 49
Modification to the Site Plan Review&Reduction in Parking Special Permit
management system, sidewalks including the sidewalk along Osgood Street parking spaces,
common area maintenance areas,utilities,and landscaping.The document shall be recorded with
the Northern Essex Registry of Deeds,and the Applicant shall provide the Funning Department
with two copies of the recorded documents.
63)The retaining walls identified on the Plans shall be designed and stamped by a structural engineer
registered in the state of Massachusetts,as required by Building Code. Stamped plans and
calculations shall be submitted to the Planning Department and%ilding Inspector prior to
construction. The submittal of the plans is for informational purposes only.The applicant roust
apply for and receive a building pemit to be issued for the applicable retaining walls on the Site.
64) The Long Terra Stormwater operations&Maintenance Plan Compliance and Certification
Statement, as the same may be amended by the wetlands order of Conditions for the Project,
shall be signed by Princeton at North Andover Apartment Homes and Forgetta
Retail/Commercial Center representatives and a copy shall be submitted to the Planning
Department.
65)The Applicants and/or Project owners shall secure and maintain a long tenn third party contract
or other qualified equivalent with an industry specifie trained and licensed professional capable of
operating, inspecting and maintaining the stormwater management system.A.copy of the
executed third party contract or equivalent arrangement shall be provided to the Planning
Department.
Any and all such contractual arrangements shall be added to the final Princeton at North
Andover Apartment Homes and Forgetta Retail/Commercial Center Stormwater
Operations and Maintenance Plan,as an addendum with continual updates,business
registrations,certifications and proper insurances, as applicable.
66) A,detailed perimeter roof drain system shall be designed for each building for inclusion of details
in final construction plans. The Engineer of Record shall certify to the Town that the final design
meets the intent of the stormwater management design.
67)All durnpster locations shall be shown on the Plans and the dumpsters shall be screened with
fencing and plantings. The final details shall be reviewed with the Planning Director.
68) The Applicant must supply a copy of the approved MassDoT permits necessary for access and
construction of the Site to the Planning Department.
69) The Applicant shall provide final plans when Route 125 roadway geometry and aliments are
coordinated with MassDOT.
70)The Applicant shall seek a NEPA opinion as to whether a Notice of Project Change or further
NMPA,review is required.
71) A copy of all local,state and federal permits required for the project must be submitted to the
Planning Department.
72) The Applicant shall pay for the required sewer mitigation fees(wWa I/I tees)at the Department of
Public works,Proof of payment must be supplied to the Planning Department.
�I
. •.w•.way.M
Bk 15506 Pg353 #13254
11210 Osgood Street,Neap 34 Lot 49
Modification to the Site Plan Review&Reductions in Parking Special Permit
73)All srormwater management best practices shall be maintained as specified M the approved
Stormwater Operations and Maintenance Plan,as the same may be amended by the wetlands Order
of Conditions for the Project.
74) All applicable erosion control measures must be in place and reviewed and approved by the Planning
Department,
75) The project will be subject to the ITS EPA.NPDES Construction General Permit(CGP)requirements
and require a Stozm Water Pollution Prevention Plan(SWPPP). A.copy of the CGP and SwPPP
shall be submitted to the Planning Department.In addition to erosion control measures,the
construction sequencing plan/SwPPP shall address when in the development process the various
long term stormwater BWs will be brought on line and how stormwater flogs from the Site can or
,will be managed in the interim.
76)A pre-construction meeting must be held with the Applicant,developer,Planning Department,Town
Engineer,Construction Monitor,and Environmental Monitor. The purpose of'this meeting will be to
review the phasing of the development and for the Applicant to submit a construction schedule to all
at the pre-construction meeting for the purpose of tracking the construction and informing the public
of anticipated activities on the Site.
DURING CONSTRUCTION
77) Dust mitigation must be performed weepy,or more frequently as directed by the Planning Director,
throughout the construction proc'ess.
78) Any stockpiling of materials (dirk, wood, construction material, etc.) must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all tunes
and fenced off to minimize any dust problems that may occur with adjacent properties.
79) It shall be the responsibility of the developer to assure that no erosion from the construction Site shall
occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except
as normally ancillary to off-site construction. Cuff-site erosion will be a basis for the Planning Board
making a finding that the project is not in compliance with the plan; provided, however, that the
Planning Board shall give the developer written notice of any such finding and seven days to cure
said condition.
PRIOR TO A CERTIFICATE OF OCCUPANCY
So) The Applicant shall cause the two pipe segments to be replaced,as identified ire the model and
Table 1 (as described in Woodard and Curran memo dated November 29,2016)as at or near
capacity,to be completed,inspection.of the downstream pope between the proposed connection point
and the Rea's Pond Pump Station by CCTV to cow the condition of the sewer pipe for restriction
or defects that may have a negative impact on capacity,and performance of flow measurements
during wet weather or high groundwater periods to confirm the flow rates in the sewer and the
distribution of flag within the system between the proposed connection point at MH-3 5 and the
Rees Pond pump station. The surer pipe segment between MH-5 and MR-6 shall be upsized from
10-inch diameter pipe to a 12-inch diameter pipe maintaining existing slope. The pipe segment
between NE-14 and M H-13 shall be replaced with a 10-inch diameter pipe at an increased slope of
0.003 feet/foot. Upgrade of the two segments of sewer pipe includes replacing approximately 390
linear feet of pipe.
a. Documentation that this work has been successfully completed must be submitted
by the Applicant to the Planning Department.
12
r a Bk 15506 Pg354 #13254
t 1210 Osgood Street,Map 34 Lot 49
Modification to the Site Plan Review&Reduction in Parking Special Permit
b. The Applicant shall cause any and all required pennits for the replacement of the
two pipe segments to be obtained.
c. The cost of permitting and replacement of the two pipe segrrnents shall be paid for
by the Applio�nt. ,
81) An as-built drawing of the Site sewer system shall be submitted to the Department of Public Forks.
82) The Applicant must submit a letter from the architect and engineer of the Project stating that the
building,landscaping,lighting and Site layout substantially comply with the plans referenced at the
end of this decision as endorsed by the Planning Board and that the stormmwater management
structaes are functioning as designed. Alternatively,the Applicant and/or Project Owner may
provide a bond,determined by the Planning Board,to cover the full amount of the landscaping
materials and installation if weather conditions do not permit the completion of the landscaping prior
to the use of the building.
83) The Applicant shall submit a certified letter fx-om a licensed Surveyor eonfwmxng the final average
grades and building heights(as defied in the Zoning Bylaw),
84) The Applicant must submit a letter from the engineer certifying that the lighting provided meets
minimums Illuminating Engineering Society(IES)standards.
85) The Applicant will provide a letter from a certified engineer stating that associated retaining walls
have been constructed in accordance with approved plans and this decision.
86)All stormwater structures shall be cleaned,,in accordance with the approved Stormwater Operation
Maintenance plan, as the same may be amended by the wetlands Order of Condit"iom for the
Project.
87)All signage shall conform to the signage regulations contained within the North Andover Zoning
Bylaw, Section 6,unless a variance is issued by the Forth Andover*Zoning Board of Appeals.
PRIOR TO THE FINAL RELEASE of ALL SECURITY AND ESCROWED FUNDS
88) The Planning Staff shall review the Site. Any screening as may be reasonably required by the
Planning Staff will be added at the project Owner's expense.Additionally, all pedestrian warning
signage will be reviewed and any additional signage deemed necessary at non-controlled locations
such as mid-block orossings and at the roundabout shall be added at the Project Owner's expense.
89) The Applicant shall conduct a traffic monitoring program post-development and submit the results
to the Ma.ssDOT district office.The monitoring program will include weekday morning,weekday
evening and Saturday daily counts at the Site driveway within one year of Site development,all of
which shall be in the form required, and as directed,by MassDOT.The Applicant must also submit
this report to the Planning Department,
90)A.final as-built plan showing fmal topography,the location of all on-site utilities,structures,curb
cuts,parking spaces and drainage facilities,including invert elevations of all stormwater structures,
must be submitted to the Planning Department.Any variance to the Plan shall be specified in memo
format. The as-built must be provided in paper form as well as in SDF (Standard Digital Pile)
format.
91) The Planum" g Board must by a majority vote make a finding that the Site is in conformance with the
approved plan.
13
Bk 15506 P9355 #13254
1210 Osgood Street,Map 34 Lot 49
Modification to the Site plan Review&Reduction in parking Special Permit
GENERAL CONDITIONS
92)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
93) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies, except for so-called"green utility boxes"?as may be required by the
utility companies.
94)The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through
Friday and between 8:00 a.m.and 5:00 p.m. on Saturday.
95)No open bumm' g shall be done except as xs permitted during burning season under the Fire
Department regulations.
96)The owner shall apply to the Board of Health for the appropriate durnpster pernait.
97)The provisions of this conditional approval shall apply to and be binding upon the Applicant, its
41
employees and all successors and assigns in interest or control.
98)Any action by a Town Board, Commission, or Department which rewires changes in the plan or
design of the building, as presented to the Planning Board,may be subject to modification by the
Manning Board.
99)Any revisions shall be submitted to the Town P tanner for review. if these revisions are deemed
substantial, the developer must submit revised plans to the planning Board for approval using the
process outlined in Section 5.3.8(Revisions to Approved Site Plan)of the Zoning Bylaw,
100) Pursuant to the North Andover Zoning Bylaw Section 10,31.3 this Site flan Review
Special permit shall be deemed to have lapsed after December 6,2018 (two years from the date
the permit is granted),exclusive of the tinge rewired to pursue or await determination of any
appeals,unless substantial use or construction has commenced within said two-year period or for
good cause as determined by the Planning Board,
1 Q 1) The following information shall be deemed part of the decision.-
Plan titled: Permit Site Plans,North Andover Massachusetts,Proposed Wxed Use Development
for Princeton Development LLC,and Forgetta Development LLC
Prepared for: Princeton Development LLC
Ills Westford Street
Lowell,Massachusetts 01851
Porgetta Development LLC
34 Park Street,Suite One
.Andover,Massachusetts 01810
Prepared lay: 14ancock Associates,Inc.
315 Elm Street
Marlborough,Massachusetts 01752
Scale: I 40'
14
Bk 15506 Pg356 #13254
1210 Osgood Street,Map 34 Lot 49
Modification to the Site Plan Review&Reduction in Parking Special Permit
Date: July 14,2016 and revised,August 3,2016,September 17,2016,October 20,2016 and
November 21,2016;further revised to January 15_2018
Sheets: 1 through 34;further revised to 1 through 30
Stormwater Management Iteport
Prepared by: Hancock Associates
Dated: July 21,2016 Revised September 17,2016,October 20,2016, October 31,2016,November
I$,2016;Further revised to January 15,2018
Architectural Renderings
Prepared by: Verdeco Design,LLC
Dated: July 2016 Revised to August 2016
Traffic Study
Prepared by: Vanasse&Associates
Dated: July 2016
Attachment A: Revised Site Plans detail sheet
cc:
,Applicant
Abutters
1�
Bk 15506 Pg357 *13254
Attachment.A
"Revised Site Pfans"
Sheet 1 Title sheet 1/15/18 No changes since 12/21/17
Sheet 2 Existing Conditions 6/21/16
Sheet 3 layout and materials 1/15/18 No changes since 10/20/17
Sheet 4 Grading Plan 1/15/18 No changes since 10/20/17
Sheet 5 Conceptual Landscape Plan 11/30/16
Sheet 6 Landscape Enlargement 11/10/16
Sheet 7 Landscape Enlargement 11/20/16
Sheet 8 Conceptual Lighting Plan 11/14/16
Sheet 9 Lighting Photometric Plan 11/22/16
, Sheet 10 Utilities Overview 1/15/18
Sheet 11 Water and Sewer 1 of 3 1/15/18
Sheet 12 Water and Sewer 2 of 3 1/15/18
Sheet 13 Water and Sewer 3 of 3 1/15/18
Sheet 14 Sewer Profile 1/15/18 No changes since 9/20/17(should be.10/20/17)
Sheet 15 Pump Station 1 of 2 1/15/18 No changes since 10/20/17
Sheet 16 Pump Station 2 of 2 1/15/18 No changes since 10/20J17
Sheet 17 Stormwater I of 4 1/15J18
Sheet 18 Stormwater 2 of 4 2/15/18
Sheet 19 Stormwater 3 of 4 1/15/18
Sheet 20 Stormwater 4 of 4 1/15/18
Sheet 21 Site Details 1/15/18 No changes since 10/10/16
Sheet 22 Site Details 1/15/18 No changes since 10/20/17
Sheet 23 Rainstore3 and Isolator row 1/15/18
Sheet 241soSatar Row and Elevations 1J15/18
Sheet 25 Erosion Control 1/I5/18
Sheet 26 Erosion Control Details 1/15/18 Na changes since 11/21/16
t Bk 15506 Pg358 #13254
Sheet 27 Water and Sewer details 1/15/18 No changes since 10/10/16
Sheet 28 Landscape and bighting details 11/10/16
Sheet 29 Retaining Wall Layout 1/15/18 Na changes since 10/20/17
Sheet 30 Buffer Zone Restoration Area 1/21/16